Wednesday, 25 Sep 2013

Written Answers Nos. 40-46

Garda Recruitment

Questions (40)

Andrew Doyle

Question:

40. Deputy Andrew Doyle asked the Minister for Justice and Equality if priority or recognition will be given to current and serving reserve members of An Garda Síochána during the upcoming recruitment process for full time members during the upcoming Public Appointments Service competition; if the upcoming recruitment for entry in mid-2014 will contain a good mix between current reserve members of the force and ordinary members of the public; his views on whether there will be significant benefits to giving priority to existing members of the voluntary Garda Reserve in view of the fact that there are over 1,200 currently serving of whom many would be in a position to become full-time members of the force; and if he will make a statement on the matter. [39816/13]

Written answers

Minister for Justice and Equality

The Garda Síochána (Admissions and Appointments) Regulations 1988 (as amended) provide that, in a competition for full-time membership of An Garda Síochána, the Public Appointments Service shall take into account any service by the candidate as a reserve member of the Garda Síochána, and shall give due recognition to evidence of satisfactory service as such a member. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a Reserve member and will be carried forward to the new competition. To date, a total of 40 Reserve members of An Garda Síochána have moved on to become full-time members.

In terms of the upcoming recruitment competition, I can inform the Deputy that there are a number of procedural issues that need to be finalised prior to its formal commencement, which is expected in the coming weeks. It is envisaged that the first students will enter the Garda College in Templemore, Co Tipperary in mid-2014. The competition will be run by the Public Appointments Service on behalf of the Garda Commissioner. An announcement will be issued as soon as recruitment starts, both on their website and directly to those who have registered an expression of interest in joining the Garda Síochána.

Sex Offenders Notification Requirements

Questions (41)

Dessie Ellis

Question:

41. Deputy Dessie Ellis asked the Minister for Justice and Equality his plans to monitor sex offenders on an all-Ireland basis. [39764/13]

Written answers

Minister for Justice and Equality

Under the Sex Offenders Act 2001, a convicted sex offender is required to notify his or her name and home address to the Garda Síochána within 7 days of becoming subject to the notification requirement. This notification period applies whether the person is resident in the State or was convicted of a relevant offence in another jurisdiction and subsequently enters the State. Furthermore, a person who is subject to the notification requirements of the Act who intends to leave the State for a continuous period of 7 days or more must notify the Gardaí of that intention and, if known, the address of the place outside the State where he or she intends to reside or stay. Return to the State must be notified within the same time frame. When the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol.

In addition, a Memorandum of Understanding between the Irish and British Governments on the sharing of information on sex offenders between An Garda Síochána and British police forces, including the Police Service of Northern Ireland (PSNI), is in place since 2006 and an Agreement for Sharing of Personal Data in relation to the Investigation of Sexual Offences and the Monitoring of Sex Offenders between the PSNI and An Garda Síochána was signed in 2008. I am advised that there are excellent working relationships surrounding the monitoring of the travel arrangements of relevant persons.

Furthermore, the Probation Service and The Probation Board of Northern Ireland have a protocol providing a framework for the secure and confidential sharing of information on the management of sex offenders who are subject to supervision by the respective services.

Magdalen Laundries Report

Questions (42)

Patrick Nulty

Question:

42. Deputy Patrick Nulty asked the Minister for Justice and Equality if, under the recent Quirke report recommendations with regard to the Magdalene laundries, there is any scope to examine individual cases, for example, whereby the woman who attended a laundry is now deceased but where they have surviving children with special needs requiring long term care; and if any provision exists within such situations.. [34271/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

Judge Quirke stated specifically, with regard to the scheme he proposed, that "it does not contemplate payments to persons who may have been indirectly or otherwise affected by the admission of those women to and their work within a designated laundry." (report para. 3.12).

In his 7th Recommendation - eligibility and qualification process - he made it clear that he only contemplated one situation where a payment should be made in the case of a deceased woman "where a written expression of interest has been provided to the State by or on behalf of a Magdalen woman who was alive on or after the 19th February 2013 then that woman will be eligible for consideration to be included within the Scheme." but even then he stated "additional income ex gratia (payable to women entitled to payments in excess of €50,000) will not accrue to the benefit of the estate of any Magdalen woman ".

There is no scope under the recommendations of Judge Quirke for payments to be made to the surviving children of a deceased woman who was in a Magdalen laundry.

Proposed Legislation

Questions (43)

Caoimhghín Ó Caoláin

Question:

43. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he has considered introducing legislation with the objective of making An Garda Síochána an independent policing authority. [39759/13]

Written answers

Minister for Justice and Equality

I have no plans to make the Garda Síochána an independent policing authority. The perceived advantage of a separate authority is that it interposes an additional layer of independent accountability between the political process and the management of An Garda Síochána. Where there is a single national police force, the case for the setting up of a policing authority to act as a link between democratic institutions and the day to day responsibility for operational policing loses much of its force. This additional layer would dilute democratic accountability and political responsibility. The relationship between the Garda Commissioner, the Government and the Houses of the Oireachtas has developed over time. The accountability of An Garda Síochána to the House, both directly and through the Minister for Justice and Equality, has been strengthened by the Garda Síochána Act 2005.

The separate roles of both the Minister and the Garda Commissioner in relation to an Garda Síochána are provided for under the provisions of the 2005 Act. The Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity. In addition, the 2005 Act established the Garda Ombudsman Commission, which is empowered to carry out independent investigations into Garda conduct, as well as the Garda Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the Force. The accountability of the Garda Síochána has, through these measures, been significantly strengthened.

Another point overlooked by those who advocate a separate authority is that An Garda Síochána is not only the police service in this jurisdiction, it is the security and intelligence service and border control authority of the State. To pass control of such matters to an unelected body beyond the executive and the legislature would clearly be problematical. It is more appropriate that An Garda Síochána should be accountable to the Government and to the Oireachtas - which are fully representative of, and dependent upon the support of the sovereign authority of, the Irish people.

Garda Recruitment

Questions (44)

Aengus Ó Snodaigh

Question:

44. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to recommence recruitment to An Garda Síochána. [39761/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware, I have secured the approval of my colleague the Minister for Public Expenditure and Reform for a recruitment competition for the Garda Síochána. There are a number of procedural issues that need to be finalised prior to its formal commencement, which is expected in the coming weeks, with the first students expected to enter the Garda College in Templemore, Co Tipperary, in mid-2014. The competition will be run by the Public Appointments Service on behalf of the Garda Commissioner. An announcement will be issued as soon as recruitment starts, both on their website and directly to those who have registered an expression of interest in joining the Garda Síochána.

Proposed Legislation

Questions (45)

Brian Stanley

Question:

45. Deputy Brian Stanley asked the Minister for Justice and Equality his plans for the consolidated and reformed domestic violence legislation as promised in the Programme for Government. [39748/13]

Written answers

Minister for Justice and Equality

My Department is currently drawing up policy proposals for my consideration in relation to the consolidation and reform of domestic violence legislation. This is in pursuance of the Programme for Government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence , threatened violence and intimidation, in a way that provides protection to victims. I am also awaiting reports from the Law Reform Commission in relation to consultation processes which they have commenced on amendments to the law on harassment in the context of domestic violence and making breach of a domestic violence order a serious offence for the purposes of a bail application. Once I have had an input into my Department's proposals, detailed drafting of Heads of a Bill will begin on the planned legislation.

Oireachtas Joint Committee Reports

Questions (46)

Caoimhghín Ó Caoláin

Question:

46. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his views on the recent report and recommendations from the Oireachtas Joint Committee on Justice, Defence and Equality, unanimously endorsed by the committee members, on prostitution legislation. [39758/13]

Written answers

Minister for Justice and Equality

The report of the Joint Committee on Justice, Defence and Equality on hearings and submissions on the Review of Legislation on Prostitution was published on 27 June last. The report is being examined.